Elliot v. Papatones
Case Date: 05/14/1998
Court: United States Court of Appeals
Docket No: 97-9013
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FOR THE FIRST CIRCUIT No. 97-9013 IN RE JAMES N. PAPATONES, Debtor, EDWARD ELLIOTT, ET AL., Appellees, v. JAMES N. PAPATONES, Appellant. APPEAL FROM JUDGMENT OF THE UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT Before Boudin, Circuit Judge, Bownes and Cyr, Senior Circuit Judges. James F. Molleur, with whom Woodman & Edmands, P.A. was on brief for appellant. Robert M. Raftice, Jr., with whom Ainsworth & Thelin, P.A., was on brief for appellee. May 13, 1998 CYR, Senior Circuit Judge. The question before us is whether the "liquidated" unsecured indebtedness owed by appellant James N. Papatones on the date he filed his chapter 13 petition totaled less than $250,000, a prerequisite to eligibility for chapter 13 relief. See Bankruptcy Code 109(e), 11 U.S.C. 109(e). The United States Bankruptcy Court for the District of Maine and the Bankruptcy Appellate Panel for the First Circuit responded in the negative. We conclude that Papatones was ineligible for chapter 13 relief because the amount in which he was indebted to appellee Edward Elliott on the date of the filing of the chapter 13 petition had been adjudicated |